Jailed Najib withdraws court appeal to attend Parliament

 

Incarcerated former prime minister Najib Abdul Razak has withdrawn his court appeal to attend and take part in parliamentary sittings.

The former finance minister’s counsel Alaistair Brandah Norman confirmed the withdrawal when contacted today.

“The appeal has been withdrawn,” the lawyer said, adding that no reasons were given for the withdrawal, which was filed with the Court of Appeal on July 12.

Former Pekan MP Najib (above) was initially appealing against the Kuala Lumpur High Court decision on Oct 27 last year, which denied his application for leave to commence judicial review over the Prisons Department’s refusal to allow him to attend the Dewan Rakyat sittings.

Najib was still a lawmaker then (when the legal action was filed on Oct 5 last year) as there was a pending review application before the Federal Court over his conviction as well as a 12-year jail sentence and RM210 million fine over the RM42 million SRC International corruption case.

However, the Federal Court dismissed his review in March this year.

Ahmad Kamal Md Shahid

In reading his judgment last year, civil court judge Ahmad Kamal Md Shahid said the legal action was dismissed because the relief that Najib sought is no longer a live issue.

Kamal noted that among the relief sought is for the applicant to be allowed to attend the Dewan Rakyat sitting initially scheduled from Oct 3 to Nov 29 last year. 

The Dewan Rakyat was dissolved on Oct 10 to pave the way for the 15th general election late last year.

The judge emphasised that the subject matter of the judicial review is akin to “water under the bridge” and academic upon the dissolution of Parliament, and thus the legal action is frivolous and vexatious.

“With the dissolution of Parliament, it would mean the current Parliament has ended, meaning that the members of the Dewan Rakyat have ceased to be MPs.

“It is clear that with the dissolution of Parliament, the Parliament’s term has ended and the applicant is therefore no longer Pekan MP.

“Therefore, in my view, the declaratory reliefs sought by the applicant, namely to have access to his officers for the purpose of parliamentary, legislative, and constituent work and to attend Parliament sessions on the scheduled dates is no longer a live issue.

“The declaratory relief sought has become impossible with the dissolution of Parliament as there is no longer a Parliament to attend.

“The Election Commission has announced that the polling date for the general election is on Nov 19; that would mean there would be another cabinet formed from newly elected MPs,” Kamal said, adding that there is no order as to costs.

Adversely affected

The judge also pointed out that “unless and until the pardon is given or the conviction is quashed upon review, there is no possibility that the applicant will again be an MP while simultaneously being a prisoner, as the law prohibits any convicted person to contest for election by virtue of Article 48(5) of the Federal Constitution”.

Through the legal action, Najib was seeking a court order to have access to his parliamentary officers in order for him to do his work as an MP, and secondly, for him to attend Parliament.

Via an affidavit in support of the legal action, Najib claimed that from Sept 19 onwards, he had been “adversely affected” by the respondents’ refusal to allow him access to his officers/aides for the purposes of parliamentary, legislative, and constituent work.

Najib also alleged that he was adversely affected by the respondents who declined him to have “access and attendance in Parliament on the scheduled dates of session/sitting”.

Among the relief sought were declarations that he was entitled to attend Parliament on the scheduled session dates and to have reasonable access to his officers/aides for parliamentary, legislative, and constituent work.

Najib also sought a mandamus order to compel the respondents to take necessary steps to allow him to partake in the Dewan Rakyat sessions and have reasonable access to his said officers/aides. - Mkini